What is the test for criminal negligence in the context of involuntary manslaughter?

California, United States of America


The following excerpt is from People v. Nelson, 2d Crim. No. B271618 (Cal. App. 2017):

"Criminal negligence is '"aggravated, culpable, gross, or reckless . . . conduct . . . [that is] such a departure from what would be the conduct of an ordinarily prudent or careful [person] under the same circumstances as to be incompatible with a proper regard for human life . . . ."' [Citation.]" (People v. Valdez

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(2002) 27 Cal.4th 778, 783.) "[I]nvoluntary manslaughter . . . requires a showing that a reasonable person would have been aware of the risk. [Citation.] Thus, even if the defendant had a subjective, good faith belief that his or her actions posed no risk, involuntary manslaughter culpability based on criminal negligence is warranted if the defendant's belief was objectively unreasonable. [Citations.]" (People v. Butler (2010) 187 Cal.App.4th 998, 1008-1009.)

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